tinamatthew
07-23 06:31 PM
hi fruity..
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
wallpaper dallas morning news archives
amitkhare77
11-08 04:25 PM
My company filed labor application on 13th September 2010 and it was approved on 2nd November 2010. Now getting ready for I-140. I thought I will share this info with the forum
pankajkakkar
08-08 02:22 PM
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.
Pankaj
IMHO, it is important that we stick to facts when we write articles/op eds etc.
You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.
Pankaj
2011 From the Dallas Morning News
virtual55
07-12 10:20 AM
In VA can we extend Driving License with receipt notice of h1 extension .
more...
485Mbe4001
08-13 04:22 PM
We have a one month window to push for HR 5882, let us focus on that. if it doesnt work then we have no hope. at this rate EB3 will not even move 6 months per year. In retrospect every minor gain for the EB community has had major implications to EB 3 and the backlog as a whole (just venting a bit, dont want to drag it into a big discussion). I remember last year there were many who were saying 'now that we have EAD and AP we are good', this year many will realize the additional pain of renewals and waiting.
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
jonty_11
07-11 12:16 PM
Now all those who have just become current...its lottery.!!!!
See if you hit the jackpot by Aug End.
See if you hit the jackpot by Aug End.
more...
desidude
07-15 10:38 AM
Can anyone shed some light on this... I want to know how to pay thru BOA bill pay option.
Thanks.
Thanks.
2010 As the the Dallas Morning News
balakot
02-18 02:43 PM
Look's like the DOS is trying to maintain a year difference in the priority dates for EB2-I and EB2-C.
My guess for the April 2009 Visa Bulliten is April 1st 2004 for EB2-I and April 1st 2005 for EB2-China.
My guess for the April 2009 Visa Bulliten is April 1st 2004 for EB2-I and April 1st 2005 for EB2-China.
more...
skv
08-12 05:35 PM
I meant :
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
hair Here are the Dallas Morning
kyjy
03-24 09:16 PM
Did anyone receive LC approval that was filed in Delaware?
more...
eastindia
09-27 12:52 PM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
hot the Dallas Morning News is
chanduv23
05-15 10:23 AM
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.
First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.
In your case, i think, you also have to at the least send an email to the Ombudsman.
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.
First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.
In your case, i think, you also have to at the least send an email to the Ombudsman.
more...
house Dallas Morning News
imv116
07-15 09:04 PM
The problem I see with Los Angeles is the high population of illegals. Any thing here looks like pro-illegal.
Doing the rally in other cities in Los Angeles County or Orange County is the media visibility that we can get.
Any suggestions from SoCAL members?
-imv116
Doing the rally in other cities in Los Angeles County or Orange County is the media visibility that we can get.
Any suggestions from SoCAL members?
-imv116
tattoo Dallas Morning News/MCT
vsk74
01-05 12:54 PM
Hi,
I applied for labor certification in Dec2004 .I got a 45 day letter 6 months back.My application in Philadelphia back log center.When i am seeing the status it is showing IN PROCESS.Can anyone tell me what will be the time frame after receiving 45 day letter.Intially i applied from FLORIDA.Can anyone tell me wat is current processing time.
I applied for labor certification in Dec2004 .I got a 45 day letter 6 months back.My application in Philadelphia back log center.When i am seeing the status it is showing IN PROCESS.Can anyone tell me what will be the time frame after receiving 45 day letter.Intially i applied from FLORIDA.Can anyone tell me wat is current processing time.
more...
pictures The Dallas Morning News
augustus
05-13 09:45 AM
I called the senator in MA. He doesn't support the bill but I did say we cannot be equated with illegals. I begged for them to bring skilled immigration out in the open.
I hope we make difference.
I hope we make difference.
dresses the Dallas Morning News
Legal
08-13 05:22 PM
This the time to unite rather than giving up.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
Beware of HR 5924, this bill is planning to set aside 20k EB3 visa's for nurses instead of the current 10K. If EB3 folks loose focus and fail to push for recapture bill and somehow HR 5924 is passed. EB3 will be doomed.
The nurses bill is actually good for all EB applicants since 20k new GC numbers will be created. That's not from the EB pool.
more...
makeup The Dallas Morning News
JunRN
09-28 01:37 PM
It is not even considered yet and I don't think it will ever be considered. That amendment includes not only schedule A but also others and with proposal to increase the number as well.
How could it pass if it's carrying heavy-baggage, it won't move!!!
How could it pass if it's carrying heavy-baggage, it won't move!!!
girlfriend Eddie Sefko, Dallas Morning
eb3_2004
07-23 03:57 PM
That gives me some hope..My PD is EB3 India Oct 2004...I am filing 485 now..hope I get GC in 2 years from now!!!!
hairstyles The Dallas Morning News )
lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
gbof
03-01 09:15 PM
bump...so united nations may post
Chi_shark
One of my co-worker had a info-pass this friday and the IO told him similar comments to the one which you heard....not sure what to infer out of these comments......
My IV friends:
Begining April we should see significant movement and EB2 should see many approvals.:D I am not vdlRAO but I expect my approval by Aug/Sept this year-:D:D:D-: a wishful thinking. Say: Amen !!!
Chi_shark
One of my co-worker had a info-pass this friday and the IO told him similar comments to the one which you heard....not sure what to infer out of these comments......
My IV friends:
Begining April we should see significant movement and EB2 should see many approvals.:D I am not vdlRAO but I expect my approval by Aug/Sept this year-:D:D:D-: a wishful thinking. Say: Amen !!!
pmb76
09-13 04:54 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
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